Bronx Style Personal Injury & Accident Law

Accident Lawsuits In Accordance To NY State Laws

New York No Fault Injury Laws

In order to win your car accident injury case and get maximum compensation, you need to know the laws governing car injury in New York. NY has unique rules you must abide by when involved in car injury in the state. Here are the basic ones.

New York is a no-fault state meaning that if you are quietly sitting in your car waiting for the light to turn green and another driver hits you from the rear or crashes into your passenger door, you cannot sue him for compensation. Rather, the insurance companies of both parties – victim and offender will pay for the damages, losses and of course, medical bills of their client. Drivers in NY are mandated by law to carry a specific minimum amount of car insurance coverage and are expected to file a personal injury protection with their insurance company following a car crash, in order to get the necessary compensation. There are exceptions to this rule though.

• If you sustain ‘serious injury’ requiring more than $50,000 for medical treatment.
• Property damage like car damage

If you are able to step out of the no fault rule, then these other laws are for you.

Statute of limitation law provides a time-frame under which you must file your car injury case. It is usually 3 years from the date of the accident though this may vary. If the time expires, you will most likely lose your case in NY except for peculiar exceptions.

Comparative negligence rule will come into play if the other party is entirely responsible for the crash. You can pursue your compensation through the other party’s insurance company.

Pure comparative fault rule is used when one party is partly to be blamed for the accident.

Tips On How To Sue & Win Big In NY

Methodically gather evidence from the crash site. As soon as possible, before some of the evidence disappears, gather and preserve every available evidence including notes, photos and videos. If your case goes to trial, these evidence may be your ticket to winning maximum compensation.

Talk less. While waiting for police and other parties to arrive at the scene, stay calm and talk less. Whatever you say or do can definitely be used against you. You don’t want to say things that will trap you and make you look like you caused the accident, especially when you did not. Desist from talking to insurance adjusters especially, they can be misleading and trip you up in an effort to give out information that can hurt you. Rather, focus on gathering your evidence.

Seek professional medical assistance even if you don’t think you are injured, you never can tell. You will be preserving your health as well as building your case. Meticulously gather and save every evidence connected to your medical treatment.

Hire a New York car accident lawyer. A highly skilled car accident lawyer in NY can be instrumental to your case. He/she will take up the gathering of evidence including police reports, work with you to file the case or negotiate with the insurance companies. In the event that the victim is hospitalized, such victim can rely on the car injury lawyer to recover damages.

While car accidents and the resultant injuries can be a chaotic and traumatic experience, try and stay calm and collected so you can take every vital action to win your case and claims.